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Life Sciences
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October 21, 2025
Nexus Can't Pursue IP Dropped Before Trial, Del. Judge Says
When Nexus Pharmaceuticals Inc. dropped patent claims to narrow its suit against Exela Pharma Sciences LLC, it lost the ability to assert them later on, a Delaware federal judge said Tuesday.
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October 21, 2025
Regeneron, Rival End Patent Fight Over Eye Med Biosimilar
Regeneron and a South Korea-based rival it had accused of infringing several patents covering the U.S. biotech company's top eye medication Eylea have agreed to a settlement to put an end to the case filed in West Virginia federal court.
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October 21, 2025
Investors Tell Chancery CytoDyn Board Ignored Drug Scheme
Stockholders of CytoDyn Inc. have filed a consolidated derivative complaint in the Delaware Chancery Court, accusing the company's leadership of wrongfully refusing to investigate and sue its former CEO and others over an aligned scheme to mislead investors about the company's flagship drug.
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October 21, 2025
J&J Unit Seeks Sanctions Over Doc's Deleted Talc Emails
A Johnson & Johnson subsidiary is asking a Virginia federal court to sanction a doctor who it alleges wrote a false article linking its talc products to mesothelioma, saying the only explanation for his policy of deleting all emails as soon as he sends or reads them is to destroy evidence.
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October 21, 2025
Full Fed. Circ. Won't Rehear $125M Medtronic Patent Verdict
The full Federal Circuit has declined to revisit a panel decision that overturned a $125 million patent infringement judgment against Medtronic's CoreValve unit, letting stand a precedential opinion addressing the doctrine of prosecution history estoppel.
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October 21, 2025
J&J Appeals $25M Loss In Conn. Builder's Asbestos Case
Johnson & Johnson has appealed its losses in a Connecticut real estate developer's asbestos lawsuit, telling state trial and appellate courts that it plans to challenge denials of multiple bids to reverse a $15 million jury verdict plus an additional $10 million in punitive damages awarded by a judge.
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October 21, 2025
PE Giants Ink $18.3B Deal For Hologic Amid Megadeal Blitz
Hologic Inc. said Tuesday it will be acquired by a private equity consortium in a deal valuing the Wachtell-advised medical technology company around $18.3 billion, marking one of the largest leveraged healthcare buyouts in recent years.
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October 21, 2025
Novartis Says Alexion's 'Block The Cause' Ads Are False
Novartis Pharmaceuticals Corp. is suing rival Alexion Pharmaceuticals Inc. in Delaware federal court, alleging that Alexion's "Block the Cause" ad campaign for its Ultomiris product falsely implies that Novartis' own treatment is less effective or even dangerous.
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October 20, 2025
Novo Nordisk Trial Kicks Off Over Kickback Allegations
Lawyers in a federal whistleblower lawsuit against drugmaker Novo Nordisk Inc. on Monday offered to take jurors "behind the curtain" of what they claimed was an illegal scheme by the pharmaceutical company to bribe doctors and patients in order to boost sales of a pricey hemophilia drug, NovoSeven.
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October 20, 2025
Drugmakers Say Conn. Law Illegally Extends Beyond State
A group of generic drug manufacturers has asked a Connecticut federal court to block the enforcement of a new price-control law against sales that occur outside of Connecticut, claiming that the law violates the U.S. Constitution.
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October 20, 2025
Biotech Co. Asks SEC For Emergency Delisting Pause
Chinese biotechnology company Shineco Inc. has asked the U.S. Securities and Exchange Commission for an emergency stay of Nasdaq's suspension and delisting of its securities, arguing it will likely succeed in its pending appeal to the stock exchange.
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October 20, 2025
Sterigenics Nears Win In Georgia Ethylene Oxide Litigation
Sterigenics Inc. notched two significant wins in sprawling litigation over its alleged emissions of carcinogenic ethylene oxide at an Atlanta-area plant, as a Georgia state court judge tossed residents' specific causation claims and allegations that the plant's activities constituted a private nuisance.
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October 20, 2025
Tylenol Maker Tells FDA Not To Add Autism Warning
Tylenol maker Kenvue on Friday told the U.S. Food and Drug Administration to reject a call to add warnings about the risk of using acetaminophen during pregnancy, saying that "expansive" scientific evidence shows there is no proven link between the over-the-counter drug and autism.
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October 20, 2025
Ex-GC Says Honeywell Can't Boot Her Age Bias Suit To China
A former vice president and general counsel for a Honeywell subsidiary said the conglomerate can't skirt her age discrimination claims by punting the case to China — where she lived and worked during her employment — because she has no legal remedy under Chinese law.
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October 20, 2025
More Fed. Workers Added To TRO Blocking Shutdown Layoffs
A California federal judge who blocked the Trump administration from laying off workers from two unions representing thousands of federal workers has expanded her temporary restraining order to include three more unions and also clarified that the order covered workers with union contracts that the administration is seeking to ditch.
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October 20, 2025
Catching Up With Delaware's Chancery Court
This past week, the Delaware Chancery Court and Supreme Court handled a crowded corporate docket, weighing blockbuster merger appeals, shareholder settlement objections, fights over control involving an NBA franchise and a high-profile appeal from Elon Musk involving a massive payday from Tesla.
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October 20, 2025
Top Court Won't Hear Chicago Hospital's Medicaid Dispute
The U.S. Supreme Court on Monday refused to review a decision by the full Seventh Circuit holding that a Chicago hospital can't sue the state of Illinois to force the managed care organizations it contracts with to make timely Medicaid payments, rejecting a petition that argued another case on the high court's docket "will likely decide the outcome" in this one.
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October 20, 2025
High Court Won't Hear Hospital Vax Mandate Case
The U.S. Supreme Court said Monday it won't review a decision backing a hospital's termination of a group of workers who refused to get COVID-19 vaccinations.
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October 20, 2025
Justices Won't Review Merck's Immunity From Vaccine Claims
The U.S. Supreme Court refused Monday to review a decision immunizing Merck & Co. from claims that it blocked competition by making false submissions to federal regulators for its mumps vaccine.
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October 17, 2025
Jury Clears Disney Unit Of Bias In '9-1-1' Actor's Vax Firing
A California federal jury cleared a Disney-owned television unit of religious discrimination Friday for firing an actor from the ABC show "9-1-1" after he refused to receive a COVID-19 vaccination in 2021, finding he did not sincerely hold a religious belief opposing vaccinations.
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October 17, 2025
Settlement Balk Jeopardizes $32M Class Deal In Chancery
An attorney for a large Emisphere Technologies stockholder told a Delaware vice chancellor on Friday that Court of Chancery refusal to allow an opt-out from a $32 million class settlement in a suit challenging the biotech company's $1.8 billion sale price "would have to be addressed by the U.S. Supreme Court."
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October 17, 2025
Mixed Discretionary Denial Batch Caps Off Big Week For PTAB
Deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart allowed 19 Patent Trial and Appeal Board petitions to go forward while denying 21 others on Friday, concluding a week that saw major reforms at the PTAB.
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October 17, 2025
Insys Ex-CEO Babich Agrees To $30M Trustee Deal In Del.
Former Insys Therapeutics CEO Michael Babich has consented to a $30 million settlement amid a bankruptcy trustee's efforts to recover tens of millions in damages from company officials tied to Insys' aggressive marketing of the opioid painkiller Subsys, according to a Delaware Court of Chancery settlement filed early on Friday.
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October 17, 2025
NJ Parents Keep Fighting State Over Storage Of Babies' DNA
Across the U.S., health departments draw small blood samples from newborns' heels to test for metabolic and genetic disorders. After a new mother discovered that New Jersey police had used DNA extracted from such samples in criminal investigations, she signed on as plaintiff in a suit that says parents have a right to refuse these blood draws.
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October 17, 2025
3rd Circ. Says No Duty To Inform Criminal Clients Of Liability
The Third Circuit in a precedential ruling Friday declined to apply immigration precedent concerning counsel's obligation to advise their criminal defendant clients about deportation risks associated with prosecutions to the civil setting, holding that the standard applies only in highly specific circumstances.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Puzzling Out When Similar Insurance Claims Are Related
A recent decision in Virginia federal court shows that more than identical allegations of negligent business practices across two lawsuits may be necessary to satisfy the strict definition of relatedness under claims-made liability insurance policies, say attorneys at Hunton.
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A Shifting Trend In FDA Form 483 Disclosure Obligations
A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Assessing Federal Securities Class Action Stats In '25 So Far
The settlement amount as a percentage of damages in securities class actions has continued to decline in the first half of 2025, a trend that may be important for assessing exposure and risk in future securities litigation, say analysts at Analysis Group.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How Agentic AI Is Testing The Limits Of Patent Law
While a recent Swiss court ruling suggests that human-centric rules regarding inventorship will likely remain in place for the near future, it captures a core tension confronting patent systems worldwide as the technology producing patent-worthy ideas is becoming increasingly autonomous, says Matthew Carey at Marshall Gerstein.
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How To Prep For Potential Passage Of SAFER Banking Act
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, could fundamentally reshape how financial institutions interact with cannabis businesses, so operators that move now to get their house in order will be best positioned to capitalize if and when change comes, says Alex Leonowicz at Howard & Howard.
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A Former PTAB Judge Weighs The End Of Remote Hearings
Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
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The Future Of Lab-Test Regs After FDA Rescinds Rule
The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.